Judge orders anti-Israel ringleader Mahmoud Khalil to be released on bail

Judge Michael Farbiarz, a Biden appointee, assessed during a hearing in New Jersey that Khalil was not a flight risk or a danger to the community and that his detention was therefore "highly unusual."

Khalil's attorneys had said in a letter to the court that his imprisonment in an immigration detention center in Jena, Louisiana, was an "exceedingly rare" decision on the part of the government and amounted to unconstitutional retaliation.

Khalil, a lawful permanent resident, has been detained for three months after he was arrested in March at his apartment at Columbia University. He has a U.S. citizen wife who lives in New York, and the pair have a baby, who was born while he was behind bars. His release could happen as soon as Friday.

Rubio cited an obscure provision of the Immigration and Nationality Act to justify his finding, and Farbiarz later enjoined the secretary from using that determination to deport Khalil.

Khalil's case has become a lightning rod for anti-Israel protesters and immigration rights advocates. They have argued the Trump administration is retaliating against him for opposing the Israeli government and chilling free speech of those who oppose Israel's offensive in the Gaza Strip and conflict with Iran.

The administration has countered that in addition to the green card application allegation, Khalil violated immigration law by allegedly signaling support for the terrorist group Hamas through his activism.

Department of Justice attorneys argued to the judge that the federal court did not have authority to free Khalil from detention because the second claim against him regarding his green card application was still pending in immigration court.

"Khalil remains detained because he is currently charged as removable for fraudulently or willfully misrepresenting material facts on his adjustment of status application," the attorneys wrote in court papers this week.

Fox News's Kirill Clark contributed to this report.